- Have a short and punchy theme
- Never read a speech
- Never answer a question by saying 'I plan to get to that.' Always stay in the moment and follow the court's lead.
- "Be polite and helpful, but don't be afraid to be bold and aggressive."
- "Don't dwell on trivia" and "don't bring up many cases."
- "Know the record and bring it with you."
- It's ok to criticize the trial court's ruling and reasoning (and the other side's arguments), but "never attack either of them personally."
- "Show some passion, but keep your language moderate and professional."
- Use rebuttal "to go for the guts of the case"--"don't waste it with trivia."
- Have a good time.
Monday, April 19, 2021
Oral argument tips
Today's DJ has Moskovitz on Appeal in Appellate Adventures, "What Should I Do at Oral Argument?" offering the following tips